Casper businessman Tony Cercy will face trial in November for the alleged third-degree sexual assault of a then 20-year-old woman at Alcova lake last June, Natrona County District Court Judge Daniel Forgey ruled Thursday.

A jury acquitted Cercy of first-degree sexual assault (rape) and second-degree sexual assault at the end of an eight-day trial in February. However, the jury could not reach a verdict on a count of third-degree sexual assault, and the judge declared a mistrial.

Last month, District Attorney Mike Blonigen said he would refile the charge based on the weight of the evidence, refining some of the evidence, and after speaking with some of the jurors in the first case.

Thursday, Forgey set the trial date for Nov. 9, four days the following week, and three days the week after that, ending the day before Thanksgiving.

Forgey wanted the trial in July, but scheduling conflicts with Blonigen and Cercy's attorneys, coupled with the judge's own trial stack, forced the later date.

Forgey also set the dates to file motions and responses, other hearings, and a "global deadline" for listing additional witnesses, discovery and witness statements.

One of Cercy's attorneys, Jeffrey Pagliuca of Denver, said he will file a motion to change the venue, or location, of the trial. He and co-defense attorneys Pamela Mackey of Denver and Ian Sandefer of Casper wanted a change of venue before the first trial that began Feb. 12, but the judge denied that request.

The case began last summer when the alleged victim told a Natrona County Sheriff's investigator she, her boyfriend, friends and acquaintances arrived at Alcova Lake on the evening of June 23 and spend the next day at the lake. She was drinking heavily and passed out on the rear deck of a boat at Sandy Beach.

On Saturday evening, they went to another location and about 9:45 p.m. went to a residence on Cedar Drive North owned by Cercy.

She said she went into the residence, passed out on the couch in the middle of the living room, and woke up to find Cercy performing oral sex.

Nearly all of her clothing had been removed and Cercy was naked from the waist down, according to court records.

The alleged victim said he gave her a ride to a friend's place at the Alcova Trailer Park and threatened to kill her and himself, according to court records.

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